Wrongful CCJ issued against me which has now been set aside

[axil23]

Is there any time limit on this?

 

 

Can I go over the 7 days period as I am on the road so would rather do this when home next week.

 

 

Thank you so much for your help.

[martin2006]

The 7 day limit is for cpr 23:10 application which doesnt really apply to you. You will use the n244 route to set aside.

 

I dont think there's a time limit on when you can apply via a n244, for example, it may have been 2 yrs before you realised there was a ccj.

 

Obviously now you know it exists, the sooner the better.

 

The only deadline is if you intend to pay the ccj as it stands, then you have 28 days and its removed, if it goes beyond 28 and then you pay, its there for 6 yrs unless you n244 to set aside.

[axil23]

Thank you, Thank you & Thank you. You lot are brilliant.

[Mike_hawk]

I'd be inclined to draft something to the other party referring to your conversation and its reluctance to make application to set aside the judgment.

 

 

If it knows it had no cause v you and seems intent on [mis]using the judgment as leverage on another party it should really be brought to courts notice within the application.......

 

 

also, I assume you'll be including within the application a request for an order to recover your costs.

[martin2006]

There may be some mileage in CPR 13:4 where the claimant has a duty to apply to set aside if he suspects the claim is wrong which he clearly knows it is.

Maybe andyorch is better with CPR and can advise regarding that

Edited March 4, 2016 by Andyorch
CPR ref changed

[axil23]

Did a N244 last week and got a letter today which states that the County court claim has been transferred to my local court and that the court will send me and the other parties notice of the time, date of the hearing.

 

 

So does this mean I will have to go to court to plead my innocence?

[AndyOrch]

You will have to attend to support your application to set a side.....and offer an outline of your intended/proposed defence.

[axil23]

Is this the normal procedure?

 

Also since this will take 8-12 weeks to get a date what happens to the CCJ on my account?

 

 

If it goes over 30 days doesn't that become a permanent stamp which is harder to get off?

[AndyOrch]

Is this the normal procedure? Yes

 

Also since this will take 8-12 weeks to get a date what happens to the CCJ on my account? If it goes over 30 days doesn't that become a permanent stamp which is harder to get off?

 

If your application is successful and you proceed to win the claim it will then come off....

[axil23]

So in regards to this case.

 

 

Will the Claimant be there too?

 

 

How exactly is this?

 

 

I have only ever attended at Section 8 eviction at a county court.

 

 

Will it be a similar informal event?

[AndyOrch]

So in regards to this case. Will the Claimant be there too? It would be wise if they wish to stop the application How exactly is this? I have only ever attended at Section 8 eviction at a county court. Will it be a similar informal event? Yes fairly informal

 

Andy

[axil23]

Finally got a letter through for a date and it turns out to be when I am away on holiday.

 

I need to pay another £100 to get the date changed as the other party is not willing to agree on a date change.

 

I really hope I get the CCJ taken off as its cost me £250 all ready when the outstanding amount was £500.

 

He doesn't deserve the funds or it would have been easier to just pay it off.

 

By the way the order states -

 

1. Name of the defendant is now changed to my name and my fathers name.

2. Reservice is dispensed with. (what does this mean?)

[AndyOrch]

There is no need to reserve the claim...as the defendants details have been changed.

[axil23]

Sorry I am not that good at legal stuff. So what does "reserve the claim" mean in my situation?

[AndyOrch]

Send it to you again with the new names inserted

[axil23]

So is this good or bad for me?

 

 

I would have thought that since he got the names, address and the person wrong it would be written off.

[BazzaS]

So is this good or bad for me? I would have thought that since he got the names, address and the person wrong it would be written off.

 

The claimant presumably served it on the last known address, and this is now being corrected.

He names you & you claim it was nothing to do with you : if he persists in claiming you were a party to the contract this is something the court will need to adjudicate.

 

Why (if the electrician has a potentially valid claim) should it be written off? They deserve their day in court to be heard why they are owed the money, as much as you deserve to be heard why you weren't involved & your dad to be heard as to why he doesn't owe it.

 

If the electrician doesn't have a claim even worthy of being heard (no prospect of success and no other compelling reason why it should proceed to trial) : apply (for summary judgement) to strike out their claim.

[axil23]

So would my dad need to attend the hearing too?

 

I thought this would be hearing to see if I am liable and not to see if the Electrican has a valid claim.

 

 

I would have thought that would come later once the defendant has been established.

[BazzaS]

Who is named as defendant(s) :

if your dad is named then he is a party to proceedings.

 

It is wise to work on the principle that the court will aim to deal with as much as possible at each hearing.

CPR 1.4(2)(i)

"(i) dealing with as many aspects of the case as it can on the same occasion"

 

Anyhow : isn't your Dad's evidence a part of your case that you aren't a party to the proceedings?

[axil23]

He is named and will be beneficial to me but this will just delay things as he is working abroad till August this year. Suggestions??

[axil23]

What would happen if I attended this on my own?

[AndyOrch]

Thread moved to General Legal Issues.

 

Andy

[BazzaS]

He is named and will be beneficial to me but this will just delay things as he is working abroad till August this year. Suggestions??

 

Get him to swear a witness statement in the country in which he is working,

setting out that you were never a party to the contract,

and that he is out of the country on a (previously arranged) job.

 

Serve this on the claimant, and file a copy with the court, well in advance of the hearing date.

[axil23]

Have all ready sent that in from my Dad's side to confirm that he is the one liable and not myself.

 

 

Although it was just a letter and not in the format of a Witness statement

 

 

. Does that make a difference shall I get it done again?

[BazzaS]

The court has a wide discretion as to what it can consider, but the claimant can ask for anything that isn't a witness statement (with a statement of truth) to be ignored.